Clark Peshkin
Contested Wills & Estate Litigation in New York State
Protecting Your Rights in Estate Disputes
Disputes over a loved one’s estate can be emotionally charged and legally complex. Whether you are contesting a will, defending a will’s validity, or facing conflicts over estate administration, you need an experienced estate litigation attorney who can protect your rights. At Clark Peshkin, our experienced estate litigation lawyers in Rochester, Buffalo, and Syracuse, NY, provide skilled representation in all types of estate disputes.
Why Choose Clark Peshkin for Estate Litigation?
- Experience in New York Estate Law: Our attorneys help clients and their families navigate complex estate disputes throughout New York, every day. We combine a deep legal knowledge with a client-focused approach to achieve fair and effective solutions.
- Strategic, Client-Focused Representation: We develop a customized legal strategy based on your unique situation and goals.
- Local Knowledge, Statewide Reach: With offices in Rochester, Buffalo, and Syracuse, NY, we are familiar with the courts, local customs, and how to navigate estate disputes in your area.
- Compassionate Guidance: We recognize that estate disputes often involve family conflicts and sensitive emotions. Our team provides clear, supportive counsel.
Grounds for Contesting a Will in New York
A will can be challenged in New York Surrogate’s Court under specific circumstances. Our experienced estate litigation attorneys can help you determine if you have a valid case based on the following grounds:
Lack of Testamentary Capacity
The testator did not have the mental ability to understand their assets, heirs, or the consequences of their decisions at the time the will was executed.
Undue Influence
Someone pressured or manipulated the testator into making decisions that do not reflect their true intentions.
Fraud or Forgery
The will was created under false pretenses, or it contains forged signatures.
Improper Execution
New York law requires that a will be signed in the presence of two witnesses who must also sign. If these legal requirements are not met, the will may be invalid.
Revocation by a Later Will
If a more recent, legally valid will exists, it may override an earlier version.
Defending a Will Against a Contest
If you are an executor or beneficiary of a will being challenged, you may need to defend its validity. Our experienced estate litigation lawyers in Rochester, Buffalo, and Syracuse, NY, will:
- Conduct a thorough review of the will and any supporting documents.
- Gather evidence and witness testimony to establish the testator’s true intentions.
- Represent you in Surrogate’s Court to uphold the validity of the will.
- Negotiate or mediate disputes whenever possible to save time and expense.
Other Estate Litigation Matters
Contested wills are just one type of estate dispute. Our New York estate litigation attorneys also represent clients in:
Breach of Fiduciary Duty Claims
Holding executors, trustees, or agents under a power of attorney accountable for mismanaging estate assets or failing to act in beneficiaries’ best interests.
Trust Disputes & Litigation
Resolving conflicts over trust administration, beneficiary rights, and improper asset distribution.
Kinship Hearings
Establishing rightful heirs when a person passes away without a will or known family members.
Accounting & Asset Disputes
Investigating cases where estate funds are mismanaged, hidden, or distributed unfairly.
The Estate Litigation Process in New York
- Case Evaluation & Legal Strategy
Our attorneys review the will, estate documents, and relevant evidence to determine whether there is a strong legal basis for a challenge or defense. - Filing a Petition in Surrogate’s Court
We file a petition in the appropriate Surrogate’s Court in Rochester, Buffalo, or Syracuse, NY, where the estate is being administered. - Discovery & Evidence Gathering
Our team conducts thorough discovery, collecting documents, financial records, and witness testimony to support your case. - Negotiation & Mediation
Whenever possible, we pursue a fair settlement to avoid the expense and stress of a trial. - Court Hearing or Trial
If a resolution cannot be reached, we are prepared to represent you in a court hearing or trial, where a judge will rule on the disputed issues.
Frequently Asked Questions About Estate Litigation
What is the statute of limitations for contesting a will in New York?
Generally, you have two years from the date of probate to contest a will, but it is best to consult an attorney as soon as possible.
Can I challenge a will if I was disinherited?
Do I have to work with the attorney who drafted the will?
Explore Client Testimonials and Expert Insights
Client Testimonials
Navigating an estate dispute can be overwhelming, but you’re not alone. Our clients have shared their experiences working with our firm.
Explore Our Blog
Our blog offers valuable articles to help you understand your rights.
Contact Us for Skilled Estate Litigation Representation
If you are facing a contested will or other estate dispute in Rochester, Buffalo, or Syracuse, NY, our experienced estate litigation attorneys are here to help. We will protect your rights, advocate for your interests, and work toward a fair resolution.
Buffalo, NY
350 Main Street, Suite 2405,
Buffalo, NY 14202
716.354.1611
Rochester, NY
80 Linden Oaks, Suite 310,
Rochester, NY 14625
585.565.6299
Syracuse, NY
109 South Warren Street, Suite 318,
Syracuse, NY 13202
315.895.5979